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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

76: Notice of disciplinary proceedings to be given to social worker

You could also call this:

"Telling a social worker about a complaint made against them"

Illustration for Social Workers Registration Act 2003

If you are a social worker and someone makes a complaint about you, the Tribunal will send you a written notice. This notice will tell you that someone thinks you have done something wrong and the Tribunal might take action. The notice will also tell you what the complaint is about and when the Tribunal will hear the case. You will have to tell the Tribunal if you want to go to the hearing and talk about the complaint, or if you want someone to talk for you. If you do not tell the Tribunal what you want to do, you can still go to the hearing, but the Tribunal might make you pay some costs. The Tribunal will also send a copy of the notice to the person who made the complaint about you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190259.

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75: Laying of charge before Tribunal, or

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Part 4Discipline
Procedure and decisions of Tribunal

76Notice of disciplinary proceedings to be given to social worker

  1. Before convening a hearing of the Tribunal to consider a charge against a social worker, the chairperson of the Tribunal must give the social worker written notice—

  2. stating that the Director of Proceedings or a professional conduct committee (as the case may be) has reason to believe that grounds exist entitling the Tribunal to exercise its powers under this Part; and
    1. specifying the particulars of the charge; and
      1. specifying a date (being not less than 20 working days, and not more than 60 working days, after the date on which the notice is received by the social worker) on which the Tribunal intends to hear the charge.

        1. The chairperson must also give a copy of the notice to any complainant.

        2. The notice must require the social worker to inform the Tribunal in writing, not later than a date specified in it (being not less than 10 working days after the date on which the social worker receives the notice), whether the social worker wishes to be heard by the Tribunal, either personally or by a representative.

        3. If the social worker fails to notify the Tribunal as required by subsection (3), the social worker is entitled to appear and to be heard at the hearing, but only on conditions (as to payment of costs and expenses or otherwise) that the Tribunal thinks fit and orders.

        Notes
        • Section 76(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 76(1)(a): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 76(3): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).